§ 403.

PAYMENT OF DEVELOPMENT FEE(S) OR SATISFACTION OF DEVELOPMENT IMPACT REQUIREMENT(S) AS A CONDITION OF APPROVAL PLANNING COMMISSION REVIEW; RECOMMENDATION CONCERNING EFFECTIVENESS OF FEE DEFERRAL PROGRAM

a.

Condition of Approval. In addition to any other condition of approval that may otherwise be applicable, the Department or Commission shall require as a condition of approval of a development project subject to a development fee or development impact requirement under this Article that such development fee or fees be paid prior to the issuance of the first construction document for any building or buildings within the development project, in proportion to the amount required for each building if there are multiple buildings, with an option for the project sponsor to defer payment of 85 percent of the fees, or 80 percent of the fees if the project is subject to a neighborhood infrastructure impact development fee, to prior to issuance of the first certificate of occupancy upon agreeing to pay a Development Fee Deferral Surcharge on the amount owed, as provided by Section 107A.13.3 of the San Francisco Building Code (“Fee Deferral Program”). The Department or Commission shall also require as a condition of approval that any development impact requirement imposed on a development project under this Article shall be satisfied prior to issuance of the first certificate of occupancy for any building or buildings within the development project, in proportion to the amount required for each building if there are multiple buildings.

b.

Hearing to Review Effectiveness of Fee Deferral Program. Under 107A.13.3 of the San Francisco Building Code, the option to defer the payment of development fees expires on July 1, 2013 unless the Board of Supervisors extends the Fee Deferral Program. Prior to the July 1, 2013 expiration date, the Planning Commission shall hold a public hearing to review the effectiveness of the Fee Deferral Program, the economy at large, and whether the simulative effects of the Fee Deferral Program are still necessary. Following the public hearing, the Commission shall forward a recommendation to the Board of Supervisors as to whether the Fee Deferral Program should be continued, modified, or terminated.

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